AMENDMENT
OF CHARGE
Section 227 of the Code provides that the Court may alter or add to any charge at any time before the pronouncement of judgment while section 231 of the Code provides that whenever a charge is altered or added to by the Court, the prosecution and the accused shall have the right to re-call or resummon and examine any witness already examined and also to call any further witness considered by the Court as material. Abu Bakkar alias Bakkar Vs. The State, 15BLD(HCD) 217
Amendment
of charge Belated amendment of charge-Whether causes prejudice to the accused?
When
the tribunal readily allowed the de- fence prayer to further cross-examine all
the prosecution witnesses after addition of a new charge under section 8A of
the Cruelty To Women (Deterrent Punishment) Ordinance, 1983, it cannot be said
that the addition of the new charge has prejudiced the accused in any manner.
Such a measure is always permissi- ble in law for a proper trial. Abu Bakkar
alias Bakkar Vs. The State, 15BLD(HCD) 217
Ref:
31 I.L.R (Bombay) 218; 5DLR(FC) 39; 6 C.W.N. 72; 5 DLR(FC) 24; A.I.R. 1970 (SC)
436 and 21 Crl. L. J. 57-Cited
